Logourl black
From our private database of 14,100+ case briefs...

G & M Motor Company v. Thompson

Supreme Court of Oklahoma
567 P.2d 80 (1977)


Facts

Prior to his death in 1970, Wayne Thompson was an accountant who embezzled $78,856.45 from G & M Motor Company (Motor Company) (plaintiff). Wayne used the embezzled funds to pay premiums for life-insurance policies. Motor Company brought suit, and the trial court impressed a constructive trust on items of real and personal property and a portion of the insurance proceeds that had been paid to Wayne’s surviving wife, Shirley Thompson (defendant). The portion of the insurance proceeds subject to the trust was proportionate to the share of the premiums that had been paid with embezzled funds. Shirley appealed. The court of appeals affirmed the impressment of a constructive trust on the real and personal property, but modified the trust on the insurance proceeds, holding that only the part of the funds used to pay for the policy premiums, plus interest, could be subject to the trust. Shirley appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Berry, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 222,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.